Draft| Agreement to commit Criminal Conspiracy must be proved through direct or circumstantial evidence: Top Court

Noting that the principal ingredient of the offence of criminal conspiracy under Section 120B of the Indian Penal Code is an agreement to commit an offence, the Supreme Court has held that such an agreement must be proved through direct or circumstantial evidence.

The charge of conspiracy alleged by the prosecution against the accused must evidence explicit acts or conduct on his part, manifesting conscious and apparent concurrence of a common design with the other accused, a bench of Justices BR Gavai and PS Narasimha has held.

"It is not necessary that there must be a clear, categorical and express agreement between the accused. However, an implied agreement must manifest upon relying on principles established in the cases of circumstantial evidence", Court has added.

Case Title: RAM SHARAN CHATURVEDI vs. THE STATE OF MADHYA PRADESH